Romania / National Council for Combatting Discrimination / casefile no. 850/2019 decision 65/2020

Country

Romania

Title

Romania / National Council for Combatting Discrimination / casefile no. 850/2019 decision 65/2020

View full Case

Year

2020

Decision/ruling/judgment date

Wednesday, January 29, 2020

Incident(s) concerned/related

Discrimination

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Human Rights Body

Court/Body

National Council for Combatting Discrimination (CNCD) (Consiliul National pentru Combaterea Discriminarii )

Key facts of the case

The plaintiff is serving an 8-year prison sentence. He is Muslim and an Albanian citizen. Although he does not speak Romanian, he had not received the Internal “House Rules” (Regulation) of the Penitentiary in his mother tongue, nor had he receive any other information in a language that he could understand. He filed several petitions with the management of the Penitentiary (written by his colleagues), requesting to be allowed to work, but these were ignored. He also requested food that was adequate /specific to his religious beliefs but was denied this right. He was denied participation in sports activities.

Main reasoning/argumentation

CNCD found that, as an Equality Body, it has no material competence in matters related to the regime of execution of prison sentences. CNCD deferred its legal competence towards the Judge in charge of supervising the deprivation of liberty.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The case raises a key issue of CNCD's material competence, and the absence of a referral mechanism between the Equality Body and other institutions - in this situation, a judicial authority in charge of supervising the regime of criminal detention.

Results (sanctions, outcome) and key consequences or implications of the case

The complaint was declared inadmissible based on an exception of lack of competence of the institution (CNCD).

Key quotation in original language and its unofficial translation into English with reference details

"Potrivit prevederilor Legii nr. 254 din 19 iulie 2013 (…), Colegiul director constată că plângerea nu este de competenţa Consiliului Naţional pentru Combaterea Discriminării (…). CNCD (…) nu se poate pronunţa sine qua non asupra aspectelor ce privesc persoanele condamnate la pedepse privative de libertate, acestea pot trimite plângeri către judecătorul de supraveghere a privării de libertate."

“According to the provisions of Law no. 254 of July 19, 2013, (…) the Steering Board finds that the complaint does not fall within the competence of the National Council for Combating Discrimination (…). CNCD (…) cannot rule sine qua non on issues concerning persons sentenced to custodial measures of punishment, they can send complaints to the judge supervising deprivation of liberty”.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.